PEOPLE v. PORTER


304 A.D.2d 845 (2003)

759 N.Y.S.2d 773

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY PORTER, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided April 3, 2003.


Cardona, P.J.

While incarcerated, defendant was indicted on two counts of assault in the second degree (Penal Law § 120.05 [3], [7]) stemming from an incident wherein he allegedly kicked a correction officer in the groin. At the time, the officer was attempting to remove defendant from his cell for the purpose of escorting him to the shower. Prior to the incident, defendant voluntarily submitted to the placement of hand restraints through the "feed up port" and...

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